PCSO sues landowner after tripping over fence investigating break-in – Daily Telegraph

Posted November 28th, 2013 in compensation, news, personal injuries, police by tracey

‘Merseyside officer Pauline Harrison is taking legal action after she claims to have fallen over a 3ft high wooden fence and injured her knee.’

Full story

Daily Telegraph, 28th November 2013

Source: www.telegraph.co.uk

Bijan Ebrahimi murder: Lee James jailed for life – BBC News

Posted November 28th, 2013 in assisting offenders, disabled persons, murder, news, sentencing by tracey

‘A man has been jailed for life after admitting he murdered his disabled neighbour who had been wrongly branded a paedophile.’

Full story

BBC News, 28th November 2013

Source: www.bbc.co.uk

DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer

‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’

Full story

Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Council agrees to review practices on assessment of disabled children – Local Government Lawyer

Posted November 28th, 2013 in children, complaints, disabled persons, local government, news, ombudsmen, social services by tracey

‘A local authority has agreed to pay out £5,000 and review its practices so that its assessment of disabled children fulfils its statutory duties, following an investigation by the Local Government Ombudsman.’

Full story

Local Government Lawyer, 27th November 2013

Source: www.localgovernmentlawyer.co.uk

Barristers’ CPD obligations to change with immediate effect – Bar Standards Board

‘Barristers no longer have to return CPD record cards to the BSB, but must still undertake their set number of hours and keep their record cards up-to-date.’

Full press release

Bar Standards Board, 28th November 2013

Source: www.barstandardsboard.org.uk

Draft Strategic Plan 2014-17 and Budget 2014-15 – The Bar Council

Posted November 28th, 2013 in barristers, budgets, consultations, press releases by tracey

‘The Bar Council is consulting on its draft Strategic Plan 2014-17, which sets out its proposed direction of travel for the next three years, setting clear aims and objectives. It builds on our last Strategic Plan which covered the period 2011-14.’

Full press release

The Bar Council, 27th November 2013

Source: www.barcouncil.org.uk

Occasional visits to the UK did not stop an individual being non-resident, said judge – OUT-LAW.com

Posted November 28th, 2013 in domicile, housing, news, taxation, tribunals by tracey

‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’

Full story

OUT-LAW.com, 27th November 2013

Source: www.out-law.com

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by tracey

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 28th November 2013

Source: www.out-law.com

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2013 in legislation by tracey

The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No.4) Order 2013

The Veterinary Surgeons’ Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013

The Crime and Courts Act 2013 (Commencement No. 6) Order 2013

The Age-Related Payments Regulations 2013

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) Order 2013

Source: www.legislation.gov.uk

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by tracey

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Preddy v Bull and another; Hall v Same – WLR Daily

Preddy v Bull and another; Hall v Same: [2013] UKSC 73;   [2013] WLR (D)  454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Oboh and others v Secretary of State for the Home Department – WLR Daily

Posted November 28th, 2013 in appeals, EC law, families, freedom of movement, law reports by tracey

Oboh and others v Secretary of State for the Home Department: [2013] EWCA Civ 1525; [2013] WLR (D) 452

‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisons

Posted November 28th, 2013 in law reports by tracey

Supreme Court

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013)

Bull & Anor v Hall & Anor [2013] UKSC 73 (27 November 2013)

Court of Appeal (Civil Division)

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514 (28 November 2013)

Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 (27 November 2013)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWCA Civ 1493 (27 November 2013)

Farrer (p/a Farrer Huxley Associates) & Anor v Wiles [2013] EWCA Civ 1511 (27 November 2013)

PK Congo v Secretary of State for the Home Department [2013] EWCA Civ 1500 (27 November 2013)

High Court (Administrative Court)

Alansi, R (on the application of) v London Borough of Newham [2013] EWHC 3722 (Admin) (27 November 2013)

Devon & Cornwall Police v HM Coroner for Plymouth, Torbay and South Devon & Ors [2013] EWHC 3729 (Admin) (27 November 2013)

Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor [2013] EWHC 3684 (Admin) (27 November 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin) (27 November 2013)

Cotswold District Council v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3719 (Admin) (27 November 2013)

McKay v Secretary of State for Justice [2013] EWHC 3728 (Admin) (27 November 2013)

High Court (Commercial Court)

Galaxy Energy International Ltd v Murco Petroleum Ltd [2013] EWHC 3720 (Comm) (27 November 2013)

Venetico Marine SA v International General Insurance Company Ltd & Ors [2013] EWHC 3644 (Comm) (27 November 2013)

High Court (Patents Court)

Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)

High Court (Queen’s Bench Division)

John Ruskin College v Harley [2013] EWHC 3714 (QB) (26 November 2013)

Source: www.bailii.org

 

Litigation Trends Survey – The Jackson Effect – New Law Journal

Posted November 28th, 2013 in budgets, costs, fees, law firms, news by tracey

‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’

Full text

New Law Journal, 30th October 2013

Source: www.newlawjournal.co.uk

Commission calls for code to protect whistleblowers – Law Society’s Gazette

Posted November 28th, 2013 in codes of practice, news, reports, whistleblowers by tracey

‘Workers who expose wrongdoing should be protected by a statutory whistleblowing code, according to a report by a retired senior judge.’

Full story

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Chancery Lane issues advice on barristers’ VHCC protest – Law Society’s Gazette

Posted November 28th, 2013 in barristers, fees, industrial action, Law Society, legal aid, news, solicitors by tracey

‘Firms should treat the withdrawal of barristers from very high cost cases (VHCCs) in protest over fee cuts like any other change of legal team, the Law Society has today advised.’

Full story

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

The latest challenge to the badger cull extension – UK Human Rights Blog

Posted November 28th, 2013 in animals, consultations, environmental health, judicial review, news by tracey

‘A new challenge was filed yesterday to the badger cull extension presently under way in the South West of England.’

Full story

UK Human Rights Blog, 27th November 2013

Source: www.ukhumanrightsblog.com

Security guard spared jail over Jon Venables tweet – Daily Telegraph

Posted November 28th, 2013 in anonymity, costs, guilty pleas, injunctions, internet, news, sentencing, suspended sentences by tracey

‘A security guard who tweeted images purporting to be of Jon Venables as an adult has avoided jail after a court heard he was close to James Bulger’s family.’

Full story

Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk